PROTESTS

The computerised register with all the information about the missed payments of credit securities

WHAT IS A PROTEST

A protest is the deed with which an authorised Public Officer, also known as the raising officer (notary, court official, municipal clerk), ascertains the failed acceptance of a bill of exchange or the failed payment of a promissory note, a bank cheque or a post office cheque.

At the end of each month, the raising officers

must send the Chamber of Commerce responsible for the area a lost of the protests raised: the debtor against whom each protest is raised must be identified by name, address, date and place of birth (if an individual) or name and address (if a legal entity).

REGISTER OF PROTESTS

Protests are published in order to safeguard those who have economic relations with the protested party.
Within 10 days of the list being transmitted, the Chambers of Commerce arrange for publication of protests in the Register of the same name (Register of Protests), set up under Law No. 480 of 11/151995: this Register, which is in electronic form only, can be accessed by the public for consultation, both at the Chamber of Commerce and on-line (Registro Imprese / Telemaco web service).

The electronic Register of Protests contains the following as regards

the deed of protest:

the repertory number, date and place it was raised

the creditor:

the legislator has not envisaged the input of any data regarding the creditor, so it is not possible to extrapolate any information from the electronic Register of Protests to trace the creditor

the instrument:

the nature of the instrument (bill of exchange, promissory note, cheque, etc), the due date, the amount due and the reason for the failed payment

the debtor:

in the case of an individual: the name, surname, tax code or date of birth and home address

in the case of a business: the name, tax code or VAT registration number and the registered address

Information on each protest raised is stored in the Register of Protests until it is cancelled. Cancellation takes place following presentation of the relevant motion (e.g. payment made, illegitimate or incorrect protest).

Cancellation of the protest data is ordered by the Chairman of the competent Chamber of Commerce within not more than twenty days of presentation of the relevant motion, complete with the relevant rehabilitation order.

In the absence of said cancellation, the information on each protest raised is stored in the Register for 5 years from the date of registration.

When the protest data is finally cancelled from the Register, it is considered, to all intents and purposes, never to have taken place.

ON-LINE CONSULTATION OF PROTESTS REGISTROIMPRESE / TELEMACO

When searching it is possible to specify the name of the individual against whom the protest has been raised or who refused the payment (generally an individual, sometimes a company) indicating any other additional information such as the area (region and/or province) and the date of birth.

The Protests search may be positive or negative: in the former case the system returns the occasions identified, with the essential data identifying each protested party (name, home address, district and province of residence, date of birth, any tax code).

On having identified the position of interest, it is possible to request the Protests Report (with a list of the instruments); if the search is negative it is possible to request the NO Protests Report.